Evidence-gathering in England and Wales

John Sorabji

Chapter 2 in Access to Evidence in Civil Procedure, 2026, pp 30-49 from Edward Elgar Publishing

Abstract: The chapter considers the approach taken in England and Wales to access to evidence. It provides an outline of the mechanisms through which parties can obtain access to written and oral evidence, and the principled basis upon which these mechanisms rest. It thus considers, for instance, the role that the principles of adjudicative accuracy and of settlement play in evidence-gathering. Where access to written, i.e., documentary evidence is concerned, a specific focus is the dual approach taken, as England and Wales have related but distinct disclosure regimes; one applies generally, while the other applies a more specifically focused and proportionate approach in claims brought within the Business and Property Courts. This chapter also explores the nature and role of expert evidence and the impact that the jurisprudence of the European Court of Human Rights has had on evidence-gathering.

Keywords: Disclosure; Relevance; Proportionality; Case management; Pre-trial; Civil Procedure Rules (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035336128
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